Pooler Car Accident Attorney
You Have Legal Options After Your Car Accident With a Negligent Driver
Being involved in a car accident can feel unfair. First, your day is shot. If you were on your way to work, you now have to find the time to call in and explain what happened. Then, you have to deal with stubborn people and their insurance companies. When it comes down to it, you are put in the position of fighting for something that seems simple enough; if you hurt someone in a car accident because of another person’s negligence, you should be responsible for their injuries and the resulting expenses.
Before you wear yourself out dealing with the responsible party and the insurance companies, call Jarrett & Price, LLC, to schedule your free consultation with an experienced personal injury attorney. You don’t have to handle this alone; we are here to guide you through the car accident claim process. Our legal team has experience with gathering evidence, investigating your claim, and using every resource available to pursue maximum compensation.
Call 855-909-3021 to schedule a free consultation.
What is a Car Accident Claim?
A car accident claim is a type of personal injury claim. It starts as a request for fair compensation to cover things like medical bills, property damage, and lost wages, among other things. Car accident claims are usually filed with an insurance company, but when a fair settlement can’t be negotiated, a personal injury lawsuit may be necessary.
Basically, if you were injured in a car accident by no fault of your own, you likely have a valid car accident claim on your hands.
How Long Do You Have to File a Claim?
According to Georgia law, you have two years from the date of your incident to file a claim. There are exceptions for loss of consortium, where a spouse can sue for the loss of benefits of family benefits for the injuries their spouse sustained.
If you miss the two-year deadline, your case will most likely be dismissed without ever seeing a day in court.
What’s worse is insurance companies use this to their advantage. They often drag their feet when dealing with claims in the hopes they can run out the clock or discourage you from pursuing compensation. They understand that strong claims take time to build and investigate.
Is There Any Way to Avoid Dealing With Insurance Companies?
It isn’t uncommon to get worn out when dealing with insurance companies. They use a variety of strategies to minimize how much they are liable to pay in order to maximize their profits. What’s even worse is they do this right in front of you and act like they are untouchable.
We’re here to remind them they are wrong.
Some common tactics insurance companies use to avoid settlements are:
- Offering a quick lowball settlement before you know the full extent and ramifications of your injuries.
- Minimizing the severity of your injuries or claim you are lying.
- Placing liability on you to reduce or deny liability under comparative negligence rules.
- Delaying communication to wear you out and pressure you into settling for less than you deserve.
- Requesting unnecessary documentation and evidence to complicate and stall your claim.
- Claim your injuries were pre-existing or occurred after the accident.
- Use recorded statements against you by twisting your words.
- Act like your friend, telling you don’t need a lawyer to keep you unaware of your rights.
When dealing with insurance companies, you should never:
- Accept the first settlement offer.
- Agree to a recorded statement without speaking to an attorney.
- Accept or admit any liability for your accident.
- Give them more information than they ask for (you don’t have to defend yourself for your accident).
A Jarrett & Price, LLC, personal injury lawyer is here to help you deal with the insurance company. You may surprised to learn that once you have legal representation, you pretty much don’t have to deal with the insurance companies or their underhanded tactics anymore. We will take over all communication with them and their insurance adjusters so you can concentrate on recovering from your injuries.
If they refuse to pay a fair settlement, then we will gladly take them to court and present a strong car accident case that shows what you are owed.
What is Comparative Negligence?
Comparative negligence is a set of rules in Georgia law that allow you to file a personal injury claim, even when you are partially responsible.
As long as you are less than 50% responsible for your accident, you can file a claim against the responsible party. However, your total settlement amount will be reduced by your percentage of fault.
If you would have had a $50,000 settlement but you were found 20% responsible for the accident, you would only be eligible to recover $40,000.
What Damages Can Be Recovered in a Car Accident Claim?
The purpose of any personal injury claim is to make the injured victim whole again. That means they should be able to carry on their lives after their accident without feeling its impact. This can be difficult if the car accident victim suffers from a serious injury that may cause life-long pain or a permanent disability.
Damages are separated into two categories: either economic or non-economic. A personal injury lawyer will be able to examine your case and assess the damages you have suffered, both current and ongoing. This is a primary reason why you should never take an insurance company’s first settlement offer; they rarely account for future damages.
Economic, Tangible, Objective Damages
Economic damages come with plenty of documentation to prove their worth. They are the reason you should make sure you save and document everything during the course of your car accident claim. Even things you may not think can be recovered can be pursued in your claim.
Economic damages include the following:
- Medical bills from emergency room visits, surgeries, hospitalization, rehabilitation, and ongoing medical treatment
- Lost wages due to missing work during recovery
- Loss of future earning capacity, either because of long-term disabilities or the inability to return to your prior career
- Costs to repair or replace damaged property, such as your vehicle and your belongings in it
- Other expenses, such as Uber rides, car rentals, towing fees, and devices that assist with disabilities
Non-Economic, Intangible, Subjective Damages
Non-economic damages are more related to your personal losses. Their documentation usually requires diagnosis or testimony from professionals. Think of these as more of the long-term damages you will have to endure as a result of your accident instead of the immediate financial losses.
Non-economic damages include the following:
- Pain and suffering caused by injuries and the recovery process
- Emotional distress like anxiety, depression, and post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life due to the inability to engage in once-enjoyed hobbies and activities
- Loss of companionship or consortium for spouses or close family members who are impacted by their loved one’s injuries
- Permanent disfigurement or disability as a result of your injuries
- Scarring as a result of your accident that affects your personal image and confidence
Punitive Damages
Economic and non-economic damages are compensatory; they are meant to compensate you for losses you have experienced as a result of your car accident. Punitive damages are not compensatory. Instead, they are meant to punish the negligent party for especially reckless, intentional, or negligent actions. They are not commonly awarded in Georgia personal injury cases as they require substantial, clear, and convincing evidence that the defendant acted with willful misconduct, malice, or negligence.
For the most part, punitive damages are capped at $250,000 in Georgia.
Are you unsure of which kinds of damages you are owed for your car accident claim? Insurance companies will attempt to convince you that they don’t have to pay for certain damages or that you are inflating your claim with unnecessary or unproven damages.
Jarrett & Price, LLC is here to help you understand your damages, how they will affect your future, and what you are owed. Our goal is to get maximum compensation for your accident claim and the injuries you will have to deal with, sometimes permanently.
What Are Common Car Accident Injuries?
Car accident victims suffer from a broad range of injuries after accidents, with some serious injuries resulting in long-term pain or permanent disabilities. If you have been involved in a car accident, stay alert and keep an eye out for these injuries:
- Whiplash and neck injuries caused by a sudden back-and-forth motion.
- Traumatic brain injuries and concussions from the impact and head trauma.
- Back and spinal cord injuries, including herniated discs and even paralysis.
- Broken and fractured bones, most commonly ribs, arms, legs, or the collarbone.
- Cuts, scrapes, and bruises from shattered glass and debris.
- Soft tissue injuries like sprains, strains, and bruises.
- Internal injuries to organs or internal bleeding.
- Facial injuries from airbag deployment and steering wheels.
- Burns from the vehicle catching fire or by coming in contact with hot surfaces and corrosive chemicals.
- Psychological trauma like PTSD and emotional distress as a result of the crash.
Injured victims often suffer these common injuries, but even if your injury is not on this list, if the other driver was liable for the accident, they should cover your injuries.
We want you to concentrate on recovering. Let our law firm take over your car accident injury claim and take a majority of the stress off of your shoulders. Our experienced personal injury attorneys are ready to speak with you about your case during your free consultation.
How Does an Experienced Personal Injury Lawyer Prove Liability?
It is necessary to prove who was liable for the car accident in order to determine who should be held accountable for the resulting damages. This is done by proving four things:
- Duty of care: The driver who hit you had a legal duty to operate their vehicle in a safe way to ensure their safety and that of the other drivers and pedestrians around them.
- Breach of duty: That driver acted in a negligent or reckless manner and caused your accident. This can be due to distracted driving, speeding, or any other negligent behavior.
- Causation: Their reckless actions caused the accident that led to your injuries.
- Damages: You suffered verifiable damages as a result of the other driver’s actions.
The right personal injury lawyer can investigate your claims and gather evidence such as witness statements, accident scene recreation, police reports, and medical records to create the narrative needed to prove liability.
Jarret & Price, LLC puts your best interests at the forefront. Our primary concern is getting your life back. That’s why we work on a contingency fee basis, which means that you can get reliable legal representation without worrying about upfront costs. From your free case evaluation to receiving fair compensation, you won’t be surprised by unexpected expenses from our law firm.
When Should You Seek a Car Accident Lawyer?
After you seek medical attention, but before you file your insurance claim, you should speak with an experienced lawyer. Car accident settlements require extensive knowledge and legal legwork to win. The sooner we can start building your auto accident claim, the sooner we can get your compensation and get you back on the road.
We treat our clients with the respect and attention they deserve. If you have questions about your case, we offer a free case evaluation to get the facts and answer your questions.
Don’t hesitate to call 855-909-3021 for a free consultation with a Jarret & Price, LLC personal injury lawyer. We understand that car accidents are traumatic experiences. We are here for you and your legal needs.